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At a Minnesota traffic stop, you can clearly say that you do not wish to answer questions about drinking. Do not lie, argue, or physically resist. Declining to discuss drinking is different from refusing a legally required chemical test. No particular wording guarantees that an officer will end an investigation or release you.
How can you respond to questions about drinking?
You might say, “I do not wish to answer questions about drinking.” The Fifth Amendment protects against compelled self-incrimination. Keep your statement clear and calm. Do not assume that simply remaining quiet resolves every legal issue arising during a stop.
An officer may continue investigating based on driving, observations, statements, and other evidence. Whether the stop, detention, arrest, or questioning was lawful requires review of the actual circumstances. A statement that you had only one drink is not a guarantee against arrest.
What should you do during the stop?
- Pull over safely and keep your hands visible.
- Provide your driver’s license and requested driving documents as required.
- Follow lawful safety directions, including an instruction to exit the vehicle.
- Do not treat a request to speak with counsel as permission to leave or disregard instructions.
- Ask which test is being requested and listen carefully to any advisory.
Is a roadside breath screen the same as an evidentiary test?
No. Section 169A.41 governs preliminary breath screening. It authorizes a screening sample under specified circumstances and limits how results may be used. A portable roadside screen is different from the evidentiary chemical testing process.
Do not interpret that distinction as advice to refuse. Under section 169A.51, refusal of preliminary screening is one listed condition that, together with probable cause, can support requiring further chemical testing. Other listed conditions include lawful arrest, certain collisions, or a screening result of at least 0.08. Arrest is not the only statutory path.
Can you speak with an attorney before a breath-test decision?
The breath-test advisory under section 169A.51 states that refusal is a crime and that the person has a right to consult an attorney, limited so consultation cannot unreasonably delay the test. Ask clearly for that opportunity. It is not an unlimited right to postpone testing or a promise of counsel before every roadside procedure.
What about blood, urine, and refusal?
Section 169A.51 requires a warrant or a judicially recognized exception for blood or urine testing. A warrant-based procedure is not interchangeable with the breath-test advisory process.
Section 169A.20, subdivision 2 criminalizes refusal of qualifying breath tests and blood or urine tests required by a search warrant. Refusal can also have driver’s-license consequences. The test requested, legal authority, advisory, opportunities offered, and applicable procedures need individual review. Do not assume that refusing one test avoids a case or protects a license.
What should you preserve after a DWI stop?
Keep citations, release conditions, test paperwork, license notices, and court dates. Write down the timeline and exact words you remember, including requests for counsel and responses. Tell an attorney about medical conditions or practical difficulties that affected testing. Do not alter or delete potential evidence.
Criminal charges and license proceedings are separate. Obtain prompt advice about the notice you actually received, applicable deadlines, and whether you may lawfully drive. Do not rely on a generic online penalty range or assume the criminal court date preserves a license challenge.
Discuss a Minnesota traffic stop
Learn about our Minneapolis DWI representation or contact Martine Law about your circumstances. A Director of Client Engagement is a non-attorney who assists with intake and scheduling, not legal advice. An attorney can assess the stop, testing process, charges, and license issues.
This page provides general Minnesota legal information, not legal advice. No response or legal strategy guarantees an outcome.
